In various litigation matters, Compass Lexecon is retained by plaintiffs or defendants to evaluate economic evidence pertaining to a motion for class certification.
In the antitrust area, our work typically examines whether common evidence can be used to establish class-wide impact:
• Compass Lexecon experts employ rigorous empirical analyses of the theory of harm and market realities that affect the business or competitive interactions between plaintiff(s) and defendant(s).
• Our analyses highlight the specific issues most relevant to determining whether a class should or should not be certified.
• Compass Lexecon assesses whether material differences across members of a proposed class require individualized analysis of class members’ putative antitrust injury, as well as the feasibility of computing damages for each class member.
In the area of ERISA class action litigation, Compass Lexecon originated the concept of analyzing data on participant holdings and transactions in company stock funds to evaluate potential conflicts between class members.